STATE OF U. P. Vs. BISHMILLAHA

JUDGEMENT

(1.) Heard Sri. Ashutosh Kumar Pandey, learned A.G.A. appearing for the State and perused the lower court record.

(2.) This application has been filed by the State of U.P. with the prayer that leave to appeal may be granted against the judgment and order dated 31.07.2006 passed by Additional Sessions Judge (Fast Track Court No. 2), Maharajganj in Sessions Trial No. 40 of 2004 arising out of Case Crime No. 79 of 2001 whereby the accused-respondents namely Bismillah and Jafar Ali have been acquitted for the offence punishable under sections 376/323/506/313 I.P.C. P. S. Kotwali, District Mah-arajganj.

(3.) It has been argued by the learned A.G.A. for the State that the trial court has not properly appreciated the evidence and has delivered the judgment on the basis of conjectures and surmises. Further, it is argued simply on the basis of some delay in lodging the FIR, the trial court was not justified in giving benefit of doubt to the accused-respondents. The prosecution has fully proved its case beyond reasonable doubt. The impugned judgment is wholly illegal, perverse and against the weight of evidence on record, therefore, liable to be set aside and the State may be granted leave to file appeal.